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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 36753
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I have corresponded in the past over my WC issue and here is

Customer Question

I have corresponded in the past over my WC issue and here is where I am at and need some advice. My lawyer asked for a settlement offer of 72,000.00 and that was turned down they countered with a 15,000.00 which I declined so after all of that they put me in a trust of 30,000.00 with weekly checks of 237.00. Now, once that happened my lawyer started taking out 40.00 a week and that has been going on for over a year. Well, I didn't hear from my lawyer for months and months and finally wrote him and told him I would settle after everyone has been paid for 50,000.00. A couple of weeks later he calls me and says that he turned in my offer but that is was now for 82,000.00 with 15% being taken our for his payment. I am disgusted because I feel I am being double dipped. I have had to push my lawyer every step of the way to do anything for me which has been much of nothing. My question, would it do me any good to tell my lawyer that the 15% is fine but that I want to be reimbursed for the 40.00 a week that has been taken out of my check for the last year. I feel my lawyer has not performed any help for me at all. My doctor put me at 100% disabled, WC doctor didn't agree so he left if for the judge who put me at 66% disabled. My case is out of NY and I am now living in Texas and not once was I able to be on the phone for a court date which I was told before I left by the judge that I would be included. Had I of been included I promise I would have fought for my 100% disability. Please let me know if I have any recourse as I think I have really been neglected through this whole process. Thanks so very very much. Janette
Submitted: 10 months ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 10 months ago.
Thank you for your question. Please permit me to assist you with your concerns.

What specifically was the $40 a week for, back-pay?
Customer: replied 10 months ago.


When I asked the lawyer I was told it was for lawyer fees. What would back pay be for? I assumed that he wouldn't be paid anything until we settled and then he would get his 15%.

Expert:  Dimitry K., Esq. replied 10 months ago.
Thank you for your follow-up, Janette.

The reason I asked is generally WC claims are set at 20%, not 15%, and I was trying to understand if he gave more favorable terms over some sort of a retainer or an agreement that he can begin collecting funds prior to settlement of the case, which would eplain why he was requesting a portion of the payments. When was the last time the attorney contacted you or informed you of a hearing, how long ago was that?
Customer: replied 10 months ago.

The last time I spoke with him about a hearing for settlement was a couple of weeks ago. He said that they would send me a form to sign agreeing with the settlement price, once they received that they would set up a court date and then once that was over it would take about 3 weeks for me to get my money. As of yet, I have not received anything from anyone.

Expert:  Dimitry K., Esq. replied 10 months ago.

Janette,

It would be strongly suggested that you contact the attorney again and demand more contact with you. An attorney owes you a duty to t keep you well informed as well as fight for the best possible options for you. If you feel that the attorney did not do enough, I would suggest you get a copy of your file over to a different attorney in the same field for review--if that attorney agrees, then contact your county bar association and file a grievance. Then, you can also consider obtaining a legal malpractice attorney and suing this attorney for failing to all that he could for you based on what a reasonable attorney would have done for you in that same situation.

Good luck.

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